Why does a democratic country need a constitution?
Look at the workings of the two documents given below. The first column is from the 1990 Nepal Constitution. The second column is from the more recent Interim Constitution of Nepal.
What is the difference in who exercises ‘Executive Power’ in the above two Constitutions of Nepal? Keeping this in mind, why do you think Nepal needs a new Constitution today?
- In the first example; the executive power is shared by the King and the Council of Ministers. But in second example; the executive power has become the sole right of the Council of Ministers. Nepal has been undergoing transition from a monarchy to a democracy.
Nepal needs a new constitution today because it is no longer a monarchy. The older constitution vested power in the king, but when the country is now a democracy, a new constitution is needed to reflect the “democratic” ideals of Nepal that peoples’ movement desired and fought for. In order to achieve this, all its constitutive rules must be changed.
What would happen if there were no restrictions on the power of elected representatives?
If there were no restrictions on the power of elected representatives then these representatives can misuse their powers and this will lead to injustice to the citizen of our country. It may lead to a dictatorship where the ruler can do anything he wishes to without any restrictions. Unrestricted power may eventually lead to the violation of people's rights for fulfilling selfish motives.
In each of the following situations, identify the minority. Write one reason why you think it is important to respect the views of the minority in each of these situations.
(a) In a school with 30 teachers, 20 of them are male.
(b) In a city, 5 per cent of the population is Buddhists.
(c) In a factory mess for all employees, 80 per cent are vegetarians.
(d) In a class of 50 students, 40 belong to more well-off families.
(a) In the first sentence, the number of female teachers is quite less than as compared to male teachers. In this condition, the view of female teachers should be respected. As female teachers have to work both in school and also in their home so their spirit of work should be respected.
(b) From the second sentence, it is clear that the proportion of Buddhists is quite less. As India is a secular country so the right of minority religions should be protected. They should be free to practice their own religious practices.
(c) From the above-given statement, it is clear that the non-vegetarian workers are in minority. So, factory mess should daily prepare food for 20% non-vegetarian minority workers as everybody has the right to eat food according to own choice. This will create a better work atmosphere in the factory.
(d) The proportion of students from rich families is quite high so in that case, students belong to rich families should behave well with the poor students and so that they do not get inferiority complex.
The column on the left lists some of the key features of the Indian Constitution. In the other column write two sentences in your own words, on why you think this feature is import.
Federalism: Federalism is one of the most important features of our constitution as in our country there are a vast number of communities. It is that system of government which did not involve only persons sitting in the capital take decisions for the whole country.
Separation of Powers: The Constitution of our country has given different powers to the different branch of the state so that no branch can misuse their powers. This separation of power helps in balancing the power among different organs.
Fundamental Rights: Fundamental rights are some special rights or powers that our constitution gives to its citizens. These rights balance individual liberty and social control.
Parliamentary form of Government: In our country, there is a parliamentary form of government. In a parliamentary form of government, every citizen has the right to vote and contest the election. The head of the state is usually a different person from the head of the government. This is in contrast to a presidential system, where the head of state often is also the head of government and, most importantly, the executive branch does not derive its democratic legitimacy from the legislature. The parliament is supreme and the Executive, comprised of some members of the Parliament, is directly accountable to it.
The party wins the largest number of seats in general election forms the government and choose the head of the government.
Colour in the following countries in the Map:
(a) Colour India in red
(b) Colour Nepal in green
(c) Colour Bangladesh in yellow
Discuss with your teacher what you understand by the term ‘constitutive’. Provide one example of ‘constitutive rules’ from your everyday life.
‘Constitutive’ is a term which means having the power to establish or give organized existence to something.
e.g.: If we look the game of football than in the game we can’t touch the ball with our hand. This is the constitutive rule of the game of football.
Why do the people of Nepal want a new Constitution?
The people of Nepal want a new constitution because it is no longer a monarchy. If we look the older constitution of Nepal then the powers are vested in the hands of the king but now when there is democracy in the country a new constitution is needed to reflect the “democratic” ideals of Nepal.
In what way is the class monitor misusing his power?
The Class monitor can misuse his power by helping his friend in wrong work and by punishing his foe in a useless way.
In which of the following situations is a minister misusing his power:
(a) Refuses to sanction a project of his ministry for sound technical reasons;
(b) Threatens to send his security staff to rough up his neighbour;
(c) Calls up the police station asking them not to register a complaint that is likely to be filed against his relative.
A minister is misusing his powers in following situations:
(b) Threatens to send his security staff to rough up his neighbor.
(c) Calls up the police station asking them not to register a complaint that is likely to be filed against his relative.
Who is in a minority in the above storyboard? In what way is this minority being dominated by the decision taken by the majority?
In the above storyboard it is clearly visible that the girls are in minority as compared to boys.
This minority is being dominated by the decision taken by the majority because boys who are in majority are far more in number than as compared to girls. Hence, whatever the decision is being taken there is not in the favour of girls but the dominating section that is the boys there.
Why was Shabnam happy that she had not watched TV? What would you have done in a similar situation?
After deciding to not watch T.V and prepare for her test Shabnam felt quite delighted because the chapters she had to revise had several number of questions which she wouldn’t have been able to revise if she went to watch her T.V program and her test would have ruin.
If I were in a similar situation then I would have reacted in the same way as Shabnam did that is would have prepared for my test rather watching my favourite T.V program.
Discuss the difference between State and Government with your teacher.
The difference between State and Government is as follows:
Which Fundamental Rights will the following situations violate:
● If a 13-year old child is working in a factory manufacturing carpets.
● If a politician in one state decides to not allow labourers from other states to work in his state.
● If a group of people are not given permission to open a Telugu-medium school in Kerala.
● If the government decides not to promote an officer of the armed forces because she is a woman.
The Fundamental Rights that are violated in the above given statements are as follows:
(i) Right against Exploitation
(ii) Right to Freedom
(iii) Cultural and Educational Right
(iv) Right to Equality.
The Constitution also mentions fundamental duties. Find out with the help of your teacher what these include and why it is important for citizens in a democracy to observe these.
The Fundamental duties were added in the year 1976 in the 42nd amendment of the constitution. These duties were formed to propagate unity, respect of the national environment, preserve and cherish the heritage of our country etc.
Some of our fundamental duties are:
(a) To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
(b) To cherish and follow the noble ideals which inspired our national struggle for freedom.
(c) To uphold and protect the sovereignty, unity and integrity of India.
(d) To defend the country and render national service when called upon to do so.